PART TIME CASUAL RELIEVING (between 7 and 11 working weeks)
EDUCATION SUPPORT EMPLOYEE LETTER OF APPOINTMENT
PLEASE DELETE HEADER BEFORE PRINTING
[Insert date]
Private and Confidential
[Insert employee’s full name]
[Insert employee’s residential address]
Dear [Insert name]
Offer
After consultation with and approval by the employer, I am pleased to offer you employment
in accordance with the terms and conditions outlined in this letter. Your employer will be
[Insert name and/or position of employer (eg Father Joe Blog, Parish Priest; the Association
of Canonical Administrators of the relevant school; the name of the Provincial of the relevant
religious order; or the relevant incorporated body)].
Appointment
You are appointed as a part time casual relieving Education Support Employee for a
specified period of time. The period of time for which you are employed may be varied by
the school subject to when the Education Support Employee for whom you are relieving
returns to work. You will be required to commence duty on [Insert date] and it is expected
that your employment will cease on [Insert date]. On commencement, your employment is
for [Insert hours] per week which is [Insert fraction] Full Time Equivalent (FTE). The days
and hours you are required to work upon commencement are as follows:
[Insert days and hours of work]
You are required to perform the duties described in the attached Statement of Duties, as well
as any other duties commensurate with your skills and experience which are assigned to you
by the Principal from time to time.
Terms of the VCEMEA
If you accept this offer of employment you will be entitled to the benefits and subject to the
obligations of the Victorian Catholic Education Multi Enterprise Agreement 2013 (VCEMEA)
as varied or replaced from time to time. The terms of the VCEMEA are binding on you and
your employer by virtue of the Fair Work Act 2009 (Cth) and are not incorporated into your
contract of employment.
The VCEMEA is available on the CECV website <www.cecv.catholic.edu.au>.
Salary
Your salary will be in accordance with the VCEMEA as varied or replaced from time to time.
Your annual salary on commencement will be $[Insert amount] gross, being a pro rata
amount of the full time rate of a Level [Insert Level] Subdivision [Insert subdivision]
Education Support Employee. As a casual relieving Education Support Employee, you will
also receive a loading of 20%. This translates to an hourly rate of $[Insert amount].
1
Superannuation
Within 15 days of commencement of your employment, you are entitled to elect to have any
superannuation contributions paid into the Catholic Superannuation Fund, Australian Super
or another compliant fund.
If you do not notify the school of the fund elected within 15 days of commencement of your
employment, the school may open an account on your behalf with the Catholic
Superannuation Fund.
Working with Children Check
The Working with Children Act 2005 (Vic) requires that people who work in a school apply
for, and pass, a Working with Children Check (WWC Check). You are required to apply for a
WWC Check prior to commencing employment with this school and to present your WWC
Check card to the school as soon as practicable. Your employment at this school is
conditional on you passing and maintaining the WWC Check.
Information on the application process for the WWC Check can be accessed from
<http://www.workingwithchildren.vic.gov.au/>.
National Police Record Check
It is the practice of this school to require new employees to undergo a National Police
Record Check (NPR Check). You are required to apply for a NPR Check prior to
commencing employment with this school and to provide the resulting National Police
Certificate to the school as soon as practicable. Your employment at this school is
conditional upon your employer being satisfied, on the basis of the NPR Check, that you
have not been charged with nor found guilty of any offence which would be incompatible with
your position of trust and responsibility in the school. A declaration to this effect is part of the
statement of acceptance of the offer set out below.
The NPR Check application form can be accessed from the Victoria Police website
<http://www.police.vic.gov.au/content.asp?Document_ID=274>.
Expectations of Employees in a Catholic School
As discussed with you, [Insert name of school] is a Catholic School and is conducted in
accordance with the teachings of the Catholic Church as interpreted by the Bishop of the
Diocese. A Statement of Principles regarding Catholic Education is attached. As a member
of the school community you are subject to these requirements and are expected to follow
them willingly. Specifically, as conditions of your employment, you are expected to:






Accept the Catholic educational philosophy of the school;
Develop and maintain an adequate understanding of those aspects of the Catholic
teaching that touch upon aspects of your work;
Through your work and by personal example strive to help students to understand,
accept and appreciate Catholic teaching and values;
Avoid, whether by word, action or public lifestyle, influence upon students that is
contrary to the teaching and values of the Church community in whose name you act;
Be committed to regular on-going professional development; and
Have and maintain any qualifications required by your employment.
Policies and Procedures
The CECV and the Catholic Education Office (CEO) of each diocese are bodies established
by the Bishops to provide services and guidance to schools across each Victorian Catholic
diocese. The CECV and CEOs may develop policies and procedures to assist in the
2
effective management of schools across each Victorian Catholic diocese. The policies and
procedures of the CECV and the CEOs are available from their respective websites.
Your employer has also approved policies for application to the school (including the school
manual/handbook). The policies and procedures of your school are available from the school
office.
The policies and procedures of your employer, the CECV and the CEOs are not intended to
be legally binding on your employer, the CECV or the CEOs. They are not incorporated into
your contract of employment. Your employer, the CECV and the CEOs may modify, replace
or withdraw any of the policies or procedures at any time. Your employer may apply the
policies and procedures of the employer, the CECV and the relevant CEO in their discretion,
or may depart from any of those policies or procedures in individual cases.
Unless otherwise directed by your employer, you must comply with all policies and
procedures of your employer, the CECV and the relevant CEO, as well as any amendments
that may, from time to time, be made to those documents. Compliance with these policies
and procedures creates no right or entitlement to any benefit or condition outside of the
terms of this letter of appointment.
Pre-existing Illness or Injury
If you have a pre-existing illness or injury that might be adversely affected by the nature of
your employment (including the duties you will be required to perform), it is in your interests
to disclose the existence of such injury or illness. If you fail to disclose a pre-existing injury
or illness, or you make a false or misleading disclosure, then you may not be entitled to any
compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC
Act) if the pre-existing injury or illness is aggravated or otherwise adversely affected by, or in
connection with, your employment. A form for Disclosure of Pre-existing Injuries/Diseases is
attached for you to complete.
Engaging in other paid activity
If you wish to undertake any other paid activity outside your normal employment (including
during periods of authorised leave) at this school, you must advise the Principal in writing of
the other employment.
In undertaking other paid activity outside this school, you should consider whether this
activity could affect your employment at the school, in particular, you should consider the
following:




Whether it could interfere with your duties at the school;
Whether there is potential conflict of interest;
The time involved outside school hours; and
Expectations of employees in Catholic schools.
Confidential Information
In this letter, ‘Confidential Information’ means all information that is of a confidential nature of
which you become aware or generate in the course of, or in connection with, your
employment.
You are permitted to use Confidential Information solely for the purposes of performing your
duties. You must keep confidential all Confidential Information other than Confidential
Information that:

You are required to disclose in the course of performing your duties;
3


That is public knowledge (other than as a result of a breach of confidentiality by you); or
That you are required by law to disclose.
Your obligations in this clause continue to apply after the cessation of your employment.
Intellectual Property Rights
In this letter:


‘Intellectual Property Rights’ means all intellectual property rights including, without
limitation, patents, significant copyright works, registered designs, trademarks (both
registered and unregistered), business and trade names, and the right to have
confidential information kept confidential; and
‘Moral Rights’ means, in relation to any copyright works that you may author in the
course of your employment, the right of attribution, the right to prevent false attribution,
and the right of integrity.
In accepting this offer of employment, you:





Presently assign to your employer all existing and future Intellectual Property Rights in
all inventions, models, designs, drawings, plans, software, reports, proposals and other
materials created, generated or developed by you (whether alone or with your employer
or other employees, agents or contractors of your employer), during school hours or
otherwise, for use by your employer;
Acknowledge that by virtue of this clause all such existing rights are vested in your
employer and, on their creation, all such future rights will vest in your employer;
Agree that you will do all things reasonably requested by your employer to enable it to
assure further the Intellectual Property Rights assigned under this clause;
Agree that you will not use, copy or reproduce any of the intellectual property of your
employer other than for the purpose of your employment or as approved in writing by
your employer; and
Voluntarily and unconditionally consent to all or any acts or omissions by your employer,
(or persons authorised by your employer) in relation to any and all works made by you
(whether before or after this consent is given) during your employment which would
otherwise infringe your Moral Rights.
Fair Work Information Statement
Employers are required by the Fair Work Act 2009 (Cth) to provide each new employee with
a Fair Work Information Statement. A copy of the Statement is attached for your information.
Change to Employer
If, during your employment, there is a change in the person occupying the position of your
employer, you agree to:


The assignment, by your employer, of their rights and obligations as an employer to any
person appointed to the position of [Insert position of employer (eg Parish Priest;
Association of Canonical Administrators of the relevant school; the name of the
Provincial of the relevant religious order)] and that person will thereafter be your
employer; and
Release the current [Insert position of employer (eg Parish Priest; Association of
Canonical Administrators of the relevant school; the name of the Provincial)] from
liability as your employer from the date upon which that person ceases to be the [Insert
position of employer (eg Parish Priest; Association of Canonical Administrators of the
relevant school; the name of the Provincial)] for any reason.
4
Entire Agreement
This letter of appointment sets out the terms and conditions of your employment and
completely replaces any agreements, contracts (whether in writing or not) or letters of
appointment previously entered into between you and the employer.
Acceptance
If you wish to accept this offer of employment, please sign the note of acceptance in both
copies and return one copy of the letter to the school, with the completed Form for
Disclosure of Pre-existing Injuries/Diseases, by [Insert date]. The second copy is for your
records.
Yours sincerely
[Insert principal’s name]
Principal
Enc:
A Statement of Principles regarding Catholic Education
Statement of Duties
Form for Disclosure of Pre-existing Injuries/Diseases
Fair Work Information Statement
5
Acceptance
I, (print name)……………………………………………………….................. accept the offer of
employment on the conditions stated above.
I declare that I have not been charged with nor found guilty of any offence which would be
incompatible with my position of trust and responsibility.
I acknowledge that I have received a copy of the Fair Work Information Statement.
Signature: ……………………………….…………………………. Date:…………………………
6
A Statement of Principles Regarding Catholic Education
The task of the Catholic school
Its task is fundamentally a synthesis of culture and faith, and a synthesis of faith and
life: the first is reached by integrating all different aspects of human knowledge
through the subject taught, in the light of the Gospel; the second in the growth of the
virtues characteristic of the Christian.
(Congregation for Catholic Education, The Catholic School, 1977)
This same goal is expressed by the Victorian Catholic community which desires its schools
to be communities of faith.
This broad philosophical stance reveals a concern for an education that combines sound
knowledge and skills with an overall personal development rooted in Christian values. Such
an education involves a high level of interpersonal transaction between staff and pupils.
Pope John Paul II spelt out key implications of this for staff who work in Catholic schools:
The Church looks upon you as co-workers with an important measure of shared
responsibility … To you it is given to create the future and give it direction by offering
to your students a set of values with which to assess their newly discovered
knowledge … [The changing times] demand that educators be open to new cultural
influences and interpret them for young pupils in the light of Christian faith. You are
called to bring professional competence and a high standard of excellence to your
teaching … But your responsibilities make demands on you that go far beyond the
need for professional skills and competence … Through you, as through a clear
window on a sunny day, students must come to see and know the richness and joy of
a life lived in accordance with Christ’s teaching, in response to his challenging
demands. To teach means not only to impart what we know, but also to reveal who
we are by living what we believe. It is this latter lesson which tends to last the longest.
(Pope John Paul II, Address to Catholic Educators, September 12, 1984)
Pope John Paul II clarified this further when he spoke on Catholic Education in Melbourne:
I welcome you into that chosen group called by the Church to educating young
Catholics in the faith. In a very special way, you share in the Church’s mission of
proclaiming the good news of salvation. Not all of you may be teaching catechetics,
but if you are on the staff of a Catholic school, it is expected, and it is of the utmost
importance, that you should support the whole of the Church’s teaching and bear
witness to it in your daily lives … Certainly your work demands professionalism, but it
also demands something more. Your professionalism as teachers involves tasks that
are linked to your Baptism and to your own commitment in faith … No matter what
subject you teach, it is part of your responsibility to lead your pupils more fully into
the mystery of Christ and the living tradition of the Church … The parish primary
school, where younger children receive their early lessons in the faith, remains a
cornerstone of the pastoral care of Australian Catholic people. Here the community of
faith hands on the timely message of Jesus Christ to its youngest members … More
difficult challenges face the Catholic secondary school. Here students must be
helped to achieve that integration of faith and authentic culture which is necessary for
believers in today’s world. But they must also be helped to recognise and reject false
cultural values which are contrary to the Gospel.
(Pope John Paul II, Address to Catholic Education, November 28, 1986)
7
Pope Benedict stated when addressing Catholic educators in the United States of America in
2010:
Education is integral to the mission of the Church to proclaim the Good News. First
and foremost every Catholic educational institution is a place to encounter the living
God who in Jesus Christ reveals his transforming love and truth (cf. Spe Salvi, 4).
This relationship elicits a desire to grow in the knowledge and understanding of
Christ and his teaching. In this way those who meet him are drawn by the very
power of the Gospel to lead a new life characterised by all that is beautiful, good, and
true; a life of Christian witness nurtured and strengthened within the community of
our Lord’s disciples, the Church.
(Pope Benedict XVI, Address to Catholic Educators, April 17, 2008)
And in an address to Catholic teachers during his visit to England in 2010, His Holiness
stated:
As you know, the task of a teacher is not simply to impart information or to provide
training in skills intended to deliver some economic benefit to society; education is
not and must never be considered as purely utilitarian. It is about forming the human
person, equipping him or her to live life to the full – in short it is about imparting
wisdom.
…
It means that the life of faith needs to be the driving force behind every activity in the
school, so that the Church’s mission may be served effectively, and the young people
may discover the joy of entering into Christ’s “being for others”.
(Pope Benedict XVI, Address to Catholic Teachers, September 17, 2008)
This philosophy of Catholic education, expressed in a growing number of documents and
policy statements, guides the Catholic school in its functioning. Whilst it is accountable to the
general community for the provision of quality education to young citizens, it is also
accountable to the Church community for providing this within the context of the Gospel and
its values as expressed in Catholic doctrine. The Catholic school is more than an educative
institution: it is a key part of the Church, and an essential element in the Church’s mission.
So too staff in the Catholic school are more than employees – they minister in the name of
the Church and of the Gospel.
All staff in the Catholic school have an indispensable role to play. It is expected of all
employed in a Catholic school that they:
(a)
accept the Catholic educational philosophy of the school;
(b)
develop and maintain an adequate understanding of those aspects of Catholic
teaching that touch upon their subject areas and other aspects of their work;
(c)
by their teaching and other work, and by personal example, strive to help students to
understand, accept and appreciate Catholic teaching and values;
(d)
avoid, whether by word, action or public lifestyle, influence upon students that is
contrary to the teaching and values of the Church community in whose name they act;
(e)
in relation to teachers, comply with the Accreditation Policy of the Catholic Education
Commission of Victoria (CECV) to teach in a Catholic school, and other CECV
policies;
(f)
be committed to regular ongoing professional development;
(g)
be qualified as required by state authorities.
8
[Insert Statement of Duties]
9
Form for Disclosure of Pre-existing Injuries/Diseases
Pursuant to s41 of the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC
Act) it is requested that you disclose any pre-existing injuries and diseases suffered by you,
of which you are aware, and which could be affected by the nature of the proposed
employment offered to you.
I declare that I am aware of the following pre-existing injuries and/or diseases:
OR
I have no such pre-existing injury or disease.
Name:
Signature:
Date:
Section 41 (2) of the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act)
will apply to a failure to make such a disclosure or the making of a false or misleading
disclosure. Section 41 (2) states:
If this subsection applies, any recurrence, aggravation, acceleration, exacerbation or
deterioration of the pre-existing injury or disease arising out of or in the course of or
due to the nature of employment with the employer does not entitle the worker to
compensation under this Act.
Any information provided on this form will be used for the purposes of Section 41 of the
Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) only.
10
From 1 January 2010, this Fair Work Information Statement is to be provided to all new employees by their employer as soon as
possible after the commencement of employment. The Statement provides basic information on matters that will affect your employment.
If you require further information, you can contact the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au.
The
National Employment Standards
The Fair Work Act 2009 provides you with a safety net of minimum terms and conditions of employment through the National
Employment Standards (NES).
There are 10 minimum workplace entitlements in the NES:
1.
A maximum standard working week of 38 hours for full-time employees, plus ‘reasonable’ additional hours.
2.
A right to request flexible working arrangements.
3.
Parental and adoption leave of 12 months (unpaid), with a right to request an additional 12 months.
4.
Four weeks paid annual leave each year (pro rata).
5.
Ten days paid personal/carer’s leave each year (pro rata), two days paid compassionate leave for each permissible
occasion, and two days unpaid carer’s leave for each permissible occasion.
6.
Community service leave for jury service or activities dealing with certain emergencies or natural disasters.
This leave is unpaid except for jury service.
7.
Long service leave.
8.
Public holidays and the entitlement to be paid for ordinary hours on those days.
9.
Notice of termination and redundancy pay.
10. The right for new employees to receive the Fair Work Information Statement.
A complete copy of the NES can be accessed at www.fairwork.gov.au. Please note that some conditions or limitations may apply to
your entitlement to the NES. For instance, there are some exclusions for casual employees.
If you work for an employer who sells or transfers their business to a new owner, some of your NES entitlements may carry over to
the new employer. Some NES entitlements which may carry over include personal/carer’s leave, parental leave, and your right to
request flexible working arrangements.
Right
to request flexible working arrangements
Requests for flexible working arrangements form part of the NES. You may request a change in your working arrangements,
including changes in hours, patterns or location of work from your employer if you require flexibility because you:

are the parent, or have responsibility for the care, of a child who is of school age or younger

are a carer (within the meaning of the Carer Recognition Act 2010)

have a disability

are 55 or older

are experiencing violence from a member of your family or

provide care or support to a member of your immediate family or household, who requires care or support because they are
experiencing violence from their family.
If you are a parent of a child or have responsibility for the care of a child and are returning to work after taking parental or adoption
leave you may request to return to work on a part-time basis to help you care for the child.
Modern
awards
In addition to the NES, you may be covered by a modern award. These awards cover an industry or occupation and provide
additional enforceable minimum employment standards. There is also a Miscellaneous Award that may cover employees who are not
covered by any other modern award.
Modern awards may contain terms about minimum wages, penalty rates, types of employment, flexible working arrangements, hours
of work, rest breaks, classifications, allowances, leave and leave loading, superannuation, and procedures for consultation,
representation, and dispute settlement. They may also contain terms about industry specific redundancy entitlements.
If you are a manager or a high income employee, the modern award that covers your industry or occupation may not apply to you.
For example, where your employer guarantees in writing that you will earn more than the high income threshold, currently set at
$136,700 per annum and indexed annually, a modern award will not apply, but the NES will.
Agreement
making
You may be involved in an enterprise bargaining process where your employer, you or your representative (such as a union or other
bargaining representative) negotiate for an enterprise agreement. Once approved by the Fair Work Commission, an enterprise
agreement is enforceable and provides for changes in the terms and conditions of employment that apply at your workplace.
There are specific rules relating to the enterprise bargaining process. These rules are about negotiation, voting, matters that can and
cannot be included in an enterprise agreement, and how the agreement can be approved by the Fair Work Commission.
You and your employer have the right to be represented by a bargaining representative and must bargain in good faith when
negotiating an enterprise agreement. There are also strict rules for taking industrial action. For information about making, varying, or
terminating enterprise agreements visit the Fair Work Commission website, www.fwc.gov.au.
Individual
flexibility arrangements
Your modern award or enterprise agreement must include a flexibility term. This term allows you and your employer to agree to an
Individual Flexibility Arrangement (IFA), which varies the effect of certain terms of your modern award or enterprise agreement. IFAs
are designed to meet the needs of both you and your employer. You cannot be forced to make an IFA, however, if you choose to make
an IFA, you must be better off overall. IFAs are to be in writing, and if you are under 18 years of age, your IFA must also be signed by
your parent or guardian.
Freedom
of association and workplace rights (general protections)
The law not only provides you with rights, it ensures you can enforce them. It is unlawful for your employer to take adverse action
against you because you have a workplace right. Adverse action could include dismissing you, refusing to employ you, negatively
altering your position, or treating you differently for discriminatory reasons. Some of your workplace rights include the right to freedom
of association (including the right to become or not to become a member of a union), and the right to be free from unlawful
discrimination, undue influence and pressure.
If you have experienced adverse action by your employer, you can seek assistance from the Fair Work Ombudsman or the Fair Work
Commission (applications relating to general protections where you have been dismissed must be lodged with the Fair Work
Commission within 21 days).
Termination
of employment
Termination of employment can occur for a number of reasons, including redundancy, resignation and dismissal. When your employment
relationship ends, you are entitled to receive any outstanding employment entitlements. This may include outstanding wages, payment in
lieu of notice, payment for accrued annual leave and long service leave, and any applicable redundancy payments.
Your employer should not dismiss you in a manner that is ‘harsh, unjust or unreasonable’. If this occurs, this may constitute unfair
dismissal and you may be eligible to make an application to the Fair Work Commission for assistance. It is important to note that
applications must be lodged within 21 days of dismissal. Special provisions apply to small businesses, including the Small Business
Fair Dismissal Code. For further information on this code, please visit www.fairwork.gov.au.
Right
of entry
Right of entry refers to the rights and obligations of permit holders (generally a union official) to enter work premises. A permit holder
must have a valid and current entry permit from the Fair Work Commission and, generally, must provide 24 hours’ notice of their
intention to enter the premises. Entry may be for discussion purposes, or to investigate suspected contraventions of workplace laws
that affect a member of the permit holder’s organisation or occupational health and safety matters. A permit holder can inspect or copy
certain documents, however, strict privacy restrictions apply to the permit holder, their organisation, and your employer.
The
Fair Work Ombudsman and Fair Work Australia
The Fair Work Ombudsman is an independent statutory agency created under the Fair Work Act 2009, and is responsible for
promoting harmonious, productive and cooperative Australian workplaces. The Fair Work Ombudsman educates employers and
employees about workplace rights and obligations to ensure compliance with workplace laws. Where appropriate, the Fair Work
Ombudsman will commence proceedings against employers, employees, and/or their representatives who breach workplace laws.
If you require further information from the Fair Work Ombudsman, you can contact the Fair Work Infoline on 13 13 94 or visit
www.fairwork.gov.au.
The Fair Work Commission is the national workplace relations tribunal established under the Fair Work Act 2009. The Fair Work
Commission is an independent body with the authority to carry out a range of functions relating to the safety net of minimum wages and
employment conditions, enterprise bargaining, industrial action, dispute resolution, termination of employment, and other workplace
matters. If you require further information, you can visit the Fair Work Commission website, www.fwc.gov.au.
The Fair Work Information Statement is prepared and published by the Fair Work Ombudsman in accordance with section 124 of the Fair Work Act 2009.
© Copyright Fair Work Ombudsman. Last updated: July 2015.
1